Manufacturers And Cannabis Products - - CA Business And Professions

Section § 26130

This law outlines rules for licensing cannabis manufacturers in California and sets standards for manufacturing, packaging, and labeling cannabis products. There are two types of licenses: Level 1 for using nonvolatile or no solvents, and Level 2 for using volatile solvents. Edible cannabis products must not be attractive to children, contain no more than 10 milligrams of THC per serving, and meet strict labeling and sanitation requirements. Products intended for animals must follow additional standards, which will be set by July 1, 2025. Importantly, cannabis in legally made products is not seen as a contaminant under state law.

(a) The department shall promulgate regulations governing the licensing of cannabis manufacturers and standards for the manufacturing, packaging, and labeling of all manufactured cannabis products. Licenses to be issued are as follows:

(1) “Manufacturing Level 1,” for sites that manufacture cannabis products using nonvolatile solvents, or no solvents.

(2) “Manufacturing Level 2,” for sites that manufacture cannabis products using volatile solvents.

(b) For purposes of this section, “volatile solvents” shall have the same meaning as in paragraph (3) of subdivision (b) of Section 11362.3 of the Health and Safety Code, unless otherwise provided by law or regulation.

(1) Not designed to be appealing to children or easily confused with commercially sold candy or foods that do not contain cannabis.

(2) Produced and sold with a standardized concentration of cannabinoids not to exceed 10 milligrams tetrahydrocannabinol (THC) per serving.

(3) Delineated or scored into standardized serving sizes if the cannabis product contains more than one serving and is an edible cannabis product in solid form.

(4) Homogenized to ensure uniform disbursement of cannabinoids throughout the product.

(5) Manufactured and sold under sanitation standards established by the department that are similar to the standards for preparation, storage, handling, and sale of food products.

(6) Provided to customers with sufficient information to enable the informed consumption of the product, including the potential effects of the cannabis product and directions as to how to consume the cannabis product, as necessary.

(7) Marked with a universal symbol, as determined by the department through regulation.

(d) Cannabis, including concentrated cannabis, included in a cannabis product manufactured in compliance with law is not considered an adulterant under state law.

(e)

(1) If the cannabis product is intended for therapeutic effect or health supplementation use on, or for consumption by, an animal, the cannabis product shall also conform with any additional relevant standards, including, but not limited to, an alternative standardized concentration, established by the department through regulations.

(2) The department shall promulgate regulations for animal product standards no later than July 1, 2025. Cannabis products shall not be marketed or sold for use on, or consumption by, animals before these regulations for animal standards take effect.

cannabis manufacturers nonvolatile solvents volatile solvents edible cannabis products THC concentration serving sizes uniform disbursement sanitation standards universal symbol cannabis animal products therapeutic effect health supplementation adulterant child appeal informed consumption

(Amended by Stats. 2022, Ch. 389, Sec. 5. (AB 1885) Effective January 1, 2023. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)

Section § 26131

This law says that any rules about how cannabis is made, packaged, and labeled must be followed by all licensed businesses involved in producing cannabis products. This includes manufacturers, microbusinesses, and certain nonprofits, unless the department makes exceptions.

Standards for the production, packaging, and labeling of all cannabis products developed by the department apply to all licensed manufacturers and microbusinesses, and nonprofits licensed under Section 26070.5, unless otherwise specified by the department.

cannabis products production standards packaging standards labeling standards licensed manufacturers licensed microbusinesses nonprofits Section 26070.5 department exceptions cannabis production compliance cannabis regulation cannabis producer requirements cannabis manufacturing

(Added by renumbering Section 26106 by Stats. 2021, Ch. 70, Sec. 64. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)

Section § 26132

If you have a Manufacturing Level 2 license, you need to put safety measures in place to prevent explosions or other serious dangers when using volatile solvents. The government will set the basic rules for what these safety measures should include.

Manufacturing Level 2 licensees shall enact sufficient methods or procedures to capture or otherwise limit risk of explosion, combustion, or any other unreasonably dangerous risk to public safety created by volatile solvents. The department shall establish minimum standards concerning such methods and procedures for Level 2 licensees.

Manufacturing Level 2 volatile solvents explosion risk public safety safety measures combustion risk risk prevention dangerous chemicals minimum standards safety procedures risk mitigation government regulations licensee obligations safety protocols hazard prevention

(Added by renumbering Section 26105 by Stats. 2021, Ch. 70, Sec. 63. (AB 141) Effective July 12, 2021.)